Indian Penal Code, 1860, Section 489B -- Counterfeit currency notes - Sale, purchase or receipt from any person or otherwise trafficking in counterfeit currency notes as genuine is a sine qua non of such offence...........
Indian Penal Code, 1860, Section 489B -- Counterfeit currency notes - Expression `otherwise traffics in' would include any act undertaken by accused which would lead to circulation of notes...........
Indian Penal Code, 1860, Section 489B -- Fake currency notes - No evidence that accused had sold, received or used any counterfeit notes - Moreover, no charge of transportation of fake currency notes has been framed - Accused thus, not called to answer a charge of `otherwise trafficking in' fake currency notes by transporting such notes through a public thoroughfare for..........
Indian Penal Code, 1860, Section 302, 323, 448, 148, 149 -- Offence u/ss 302, 323, 448, 148, 149 IPC - Conviction u/ss 138, 304(Part II)/149, 323/149 and 448 IPC - There was sudden and free fight where accused as well as complainant party inflicted injuries to each other - Each of accused is responsible for his individual act - Trial Court erred in convicting accused u/s..........
Indian Penal Code, 1860, Section 302, 323, 448, 148, 149 -- Offence u/ss 302, 323, 448, 148, 149 IPC - Conviction u/ss 138, 304(Part II)/149, 323/149 and 448 IPC - One injury on head with a blunt weapon - This shows that accused has no intention to commit murder of deceased but had knowledge that injury inflicted by him on head could cause his death - Since, there is only..........
Indian Penal Code, 1860, Section 323, 324 -- Offence u/ss 323, 324 IPC - Act of accused of causing injuries to PW1 and PW2 with help of chain cover of bicycle duly seized and fortified by evidence of doctor - Though evidence of injured witnesses speaks of use of sword by accused while assaulting them yet no such seizure is effected by prosecution - Accused held, rightly..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Indian Penal Code, 1860, Section 494, 120B -- Bigamy - Quashing of proceedings - Second marriage by wife during subsistence of her first marriage - Petitioners admitted that it was second marriage of wife - Prima facie offence u/s 494 IPC is made out against wife and co-accused - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 357A, 357, Indian Penal Code, 1860, Section 354A -- Additional compensation u/s 357-A Cr.P.C - Offence u/s 354-A IPC - There is no physical injury or bruises on body of victim as per medical record - Charge framed only u/s 354-A IPC - Accused already discharged for offence punishable under POCSO Act - Therefore, question of awarding..........
